MEMORANDUM OF UNDERSTANDING BETWEEN
I. BACKGROUND: The Workforce Investment Act of 1998 (WIA), Sec. 117, establishes a local workforce investment board (WIB), which, in partnership with the chief elected official, is responsible for setting policy and overseeing workforce investment programs for a workforce investment area. The workforce investment area of NoRTEC is the geographic area covered by the eleven counties of Butte, Del Norte, Lassen, Modoc, Nevada, Plumas, Sierra, Shasta, Siskiyou, Tehama, and Trinity. The "chief elected official" for NoRTEC itself is a special district formed by a joint powers agreement among the ten NoRTEC member counties. Each of these counties appoints a member of their Board of Supervisors to serve on the NoRTEC Governing Board. The NoRTEC Governing Board appoints the NoRTEC WIB, consistent with their agreement for equitable representation per Member County, and with the WIA for a private sector majority, a cross section of public agencies, education, community based organizations and organized labor. The NoRTEC Governing Board and the NoRTEC WIB then operate as partners for the implementation of the WIA.
The establishment of a One-Stop delivery system for workforce development services is a cornerstone of WIA (Sec. 134(c)), and is the primary charge of the NoRTEC WIB and Governing Board (Sec. 117(d), Sec. 118(b)). In general, the One Stop delivery system is a network of One Stop Employment Centers within which entities responsible for administering separate workforce investment, educational, and other human resource programs and funding streams (referred to as One Stop partners) collaborate to create a seamless system of service delivery designed to enhance access to the program's services and improve long-term employment outcomes for individuals receiving assistance. The WIA specifies that the WIA funded Adult and Dislocated Worker programs must be provided through the One Stop delivery system (Sec. 134(d)), and further specifies the specific services that must be provided (Sec. 134(c)and(d)), and the partners that must participate in the operation of the system and the delivery of these services (Sec. 121(b)).
The agreement between NoRTEC and the One Stop partners regarding the operation of the NoRTEC One Stop delivery system is to be documented in a Memorandum of Understanding (MOU). The MOU must contain the provisions required by WIA Section 121(c)(2). These provisions cover services to be provided through the One-Stop delivery system; the funding of the services and operating costs of the system; and methods for referring individuals between the One Stop operators and partners. The MOU's provisions also must determine the duration and procedures for amending the MOU, and may contain any other provisions that are consistent with WIA Title I, the accompanying regulations, and agreed to by the parties (WIA Sec. 121(c)).
II. PURPOSE: The purpose of this MOU is to document an agreement between NoRTEC and the One Stop partners for the operation of the NoRTEC One Stop delivery system, consistent with NoRTEC Policy and the WIA, Sec. 121(c).
The local One Stop MOUs referenced in Items IV and XV are renegotiated annually, if required by significant changes, based on the WIA fiscal year of July 1 to June 30.
IV. STRUCTURE: This MOU consists of two primary sections; an umbrella agreement applicable to the overall NoRTEC One Stop delivery, and an addendum for each One Stop location. NoRTEC covers ten counties (independent political jurisdictions) and numerous One Stop employment centers established before the enactment of the WIA. Some WIA mandated partners are located in some of the NoRTEC counties, but not in the others. For practical reasons, the umbrella portion of this MOU will cover the general features of the One Stop system, and the addendum will provide for more specificity regarding local partners, services, etc.
A. The WIA specifies that the One Stop system need only include one comprehensive physical One Stop center in each local workforce investment area (Sec.134(c)(2)(A)), that must provide the core services specified in WIA Section 134(d)(2), and must provide access to other programs and activities carried out by the One Stop partners. NoRTEC has determined that, to the extent practicable, there will be at least one such comprehensive One Stop center in each member county.
B. The WIA specifies that NoRTEC will designate a One Stop operator, selected either competitively, from a consortium of partners, or as a One Stop in existence prior to August 7, 1998 Sec. 121(d) and (e). NoRTEC will select a One Stop operator through a competitive process, to oversee the coordination of One Stop partners through formalized agreements in each of NoRTEC s member counties. The NoRTEC One Stop operator and the NoRTEC One Stop program operators are responsible and accountable to NoRTEC for:
1. One Stop Operator
a. Insuring that all NoRTEC One Stop program operators have current and relevant Memorandums of Understanding (MOU) and Resource Sharing Agreements (RSA) in place with One Stop partners;
b. Meeting with the stakeholders in the One Stop centers within the NoRTEC counties to facilitate an understanding of the responsibilities of the One Stop program operators, the One Stop partners and the One Stop operator; and
c. Reviewing existing MOUs, RSAs and training policies that are currently in place;
(1) Develop a plan and time line to insure all documents are updated as needed,
(2) Develop a system to report progress and results to the project managers, and
(3) Develop a system to insure reporting deadlines are met and results are submitted to the NoRTEC administrative entity by the established due date
2. One Stop Program Operators
a. One Stop center adherence to the applicable rules and regulations of the WIA (including NoRTEC Policy);
b. Facilitating and overseeing the coordination of partner service delivery, both within the local One Stops and throughout the NoRTEC region;
c. Working with NoRTEC and the NoRTEC One Stop operator
s to develop a regional One Stop delivery system;
d. Providing the WIA Title I funded Adult and Dislocated Worker services; and
e. The performance of the One Stop employment centers under their purview.
C. The mandated One Stop partners are specified in WIA, Section 121(b)(1). NoRTEC has added the local TANF provider in each member county as an additional required partner to the NoRTEC One Stop delivery system (Sec. 121(b)(2)).
D. For purposes of this NoRTEC MOU, a mandated partner is defined as:
1. Being identified in the "Parties To This Agreement" Section of this MOU (Sec.121(b);
2. Providing full time staff coverage (a minimum of 30 hours a week or more), in a local program of training and employment services that is physically located within the NoRTEC member county; and
3. Is the grant recipient, administrative entity or organization responsible for administering the funds of the specified program in the local area (not the service providers that contract with or are sub recipients of the local administrative entity).
E. NoRTEC will designate at least one One Stop facility per member county for either:
1. Full Designation
a. Have established a recognizable One Stop site location and identity;
b. Have the mandatory partners co-located on that site; and
c. Have a NoRTEC approved MOU signed by all the partners; or
2. Temporary Designation
a. Have a consortium of three or more of the mandatory partners agreeing on the operation of the One Stop; and
b. Have a NoRTEC approved MOU signed by the consortium partners.
F. NoRTEC requires that at least one One Stop within each member county provide a common base of core programs and services for employers (See Item IX.).
A. NoRTEC, the legal entity representing the consortium member counties of Butte, Del Norte, Lassen, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama and Trinity, and the designated grant recipient and administrative entity for federal Workforce Investment Act programs (adult, dislocated worker, and youth programs), and One Stop Employment Centers. The signatory parties for NoRTEC for this MOU are:
1. The Chairperson of the NoRTEC Governing Board, representing local elected officials; and
2. The Chairperson of the NoRTEC Workforce Investment Board, the local individuals appointed by the NoRTEC Governing Board to represent each NoRTEC member county and more generally the private sector, a cross section of public agencies, education, community based organizations and organized labor. Or
3. The NoRTEC Executive Director may be granted the authority by the Governing Board and the WIB to sign on their behalf.
4. The NoRTEC One Stop Operator (see Item V.B.1)
5. The NoRTEC One Stop Program Operators (see Item V.B.2)
a. Butte County: The Private Industry Council of Butte County
b. Del Norte County: Rural Human Services
c. Lassen County: Alliance for Workforce Development
d. Modoc County: Alliance for Workforce Development
e. Nevada County: The Private Industry Council of Butte County
f. Plumas County: Alliance for Workforce Development
g. Shasta County: Shasta SMART
h. Sierra County: Alliance for Workforce Development, Inc.
i. Siskiyou County: Siskiyou Training and Employment Consortium
j. Tehama County: Job Training Center of Tehama County
k. Trinity County: Shasta SMART
Locally based partners, identified in WIA, Section 121(b)(1) and (2): To the extent that they meet the NoRTEC definition of mandated partner (Item V.D.), the following entities are parties to the MOU by reference. Entities not listed below may be included as a valuable partner in the local One Stop, but will not be a party to this agreement.
A. The individual county operation of the California Employment Development Department, a state agency responsible for the delivery of Wagner Peyser Programs (state employment service), Veterans Employment Programs (local veteran's employment representatives and disabled veterans outreach programs), Trade Adjustment Assistance, NAFTA Transitional Adjustment Assistance, Unemployment Insurance Programs (including claims taking);
B. The individual county operation of the California Department of Social Services, a state agency responsible for Temporary Assistance for Needy Families (TANF) and CaIWORKS (California Work Opportunity and Responsibility to Kids), and the Food Stamp Employment and Training Program;
C. The individual county operation of the California Department Of Rehabilitation, a state agency responsible for providing rehabilitation and employment assistance for eligible individuals with disabilities;
D. The local county One Stop WIA funded Adult and Dislocated Worker Program service provider;
E. The local county WIA funded Youth Program service provider;
F. The local county provider of Other Training and Employment Programs authorized under Title I of WIA;
1. Job Corps;
2. Native American programs; and
3. Migrant and seasonal farm worker programs;
G. The local provider of Senior Community Service Employment activities authorized under authorized under Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.);
H. The local provider of Post Secondary Vocational Education activities authorized under the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.);
I. The local provider of Adult Education and Literacy activities authorized under Title II of WIA;
J. The local provider of employment and training activities funded under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.);
K. The local provider of employment and training activities carried out by the Department of Housing and Urban Development; and
L. The local provider of Welfare to Work programs authorized under section 403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) (as added by section 5001 of the Balanced Budget Act of 1997).
A. Encourage better use of partner and community resources through coordination and integration of goods and services;
B. Make education, job training, and employment services universally available and easily accessible to all residents in the NoRTEC consortium counties;
C. Assist partner staff in their efforts to continually improve the quality of local programs and services; and
D. Increase regional access and utilization of Internet based information and communication, including the provision of community and program based technology training and assistance.
VIII. GENERAL PROVISIONS: Parties to this Memorandum of Understanding agree jointly to coordinate and perform the activities and services described herein within the scope of legislative requirements governing the parties' respective programs, services, and agencies. All parties agree to:
A. Participate in good faith in routine partner meetings devoted to the planning, evaluation and continuous improvement of all the programs and services provided through the One Stop employment centers;
B. Assist and support the coordinated delivery of core services through NoRTEC's One Stop employment centers;
C. Assist in the development and utilization of a One Stop customer friendly referral system within the One Stop and for those partner provided intensive and training services that are not provided directly through the One Stop;
D. Participate in and provide training and cross-training, as appropriate, to help ensure that One Stop staff are familiar with all programs and services contained in the One Stop, in order to better integrate services, reduce duplication, and improve overall service delivery;
E. Acknowledge and respect the individual identity of each of the partners while actively and continually pursuing a coordination of effort among the partners to provide seamless service delivery to the One Stop clients;
F. Participate in the development of an integrated case management, client tracking system, and referral procedures between parties;
G. Participate in the development and utilization of common data collection and reports for employment outcomes, learning outcomes, customer satisfaction, cost and service effectiveness, and customer access;
H. To the extent practical, consistent with the One Stop principles, and in the best interests of the One Stop clients, try to acknowledge and support the systems and procedures developed and utilized by each of the partners in their independent delivery of their own mandated programs and services;
I. Actively participate in joint case management activities;
J. Assign staff, and contribute furnishings, telecommunications equipment, and other material resources necessary for that staff to actively participate in the delivery of the One Stop programs and services;
K. Maintain operational and fiscal control and responsibility for staff assigned to the One Stop employment centers while ensuring that the staff adheres to One Stop policies and procedures, consistent with federal, state, NoRTEC and local partner's rules and procedures;
L. Ensure that its agency's business practices and legal rules are followed in the provision of services, to include audit, procurement, insurance, employee codes of conduct, record keeping and retention, and employee and client confidentiality; participate in the development of a coordinated employer services marketing package;
M. Share data, information, and resources that will enhance services to customers and the One Stop system;
N. Develop and maintain additional participating partners consistent with the needs of the communities served;
O. Maintain flexible operating hours in the One Stops to include evening and weekend hours as appropriate for the services delivered and the communities served; and
P. Assume liability for its actions and the actions of its agents and hold harmless, defend and indemnify all other parties to this Memorandum from any and all claims for damages, including costs and attorney's fees resulting, in whole or part, from the partner or its agent's activities under this Memorandum.
IX. ONE STOP SERVICES: WIA funds allocated to local areas for Adult and Dislocated Worker services must be utilized to establish a One Stop delivery system and provide WIA specified core, intensive and training services (Sec. 134 (d)(1)). At each physical One Stop location, the NoRTEC One Stop program operator is required to provide the full range of core services, and to make the intensive and training services available to eligible individuals, to the extent they are warranted and available in the context of the local funding and program design for each local One Stop. The other One Stop partners are expected to provide the full range of their own core services through each One Stop location, and to make their own "intensive" and "training" services available to their own target populations, through a One Stop referral process. One Stop partners are expected to coordinate the delivery of their programs and services through a One Stop customer friendly program design.
A. Core Services Sec. 134(d)(2)):
1. Determinations of whether individuals seeking service are eligible to receive assistance under WIA, Title I;
2. Outreach, intake (which may include worker profiling), and orientation to the information and other services available through the One Stop delivery system;
3. Initial assessment of skill levels, aptitudes, abilities, and supportive service needs;
4. Job search and placement assistance, and where appropriate, career counseling;
5. Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including
a. Job vacancy listings in such labor market areas;
b. Information on job skills necessary to obtain the jobs described in clause (a); and
c. Information relating to local occupations in demand and the earnings and skill requirements for such occupations; and
6. Provision of program specific performance information and program cost information on eligible providers of training services for adults and dislocated workers, and eligible providers of youth activities;
7. Provision of information regarding how the local area is performing on the local performance measures and any additional performance information with respect to the one-stop delivery system in the local area;
8. Provision of accurate information relating to the availability of supportive services, including child care and transportation, available in the local area, and referral to such services, as appropriate;
9. Provision of information regarding filing claims for unemployment compensation;
10. Assistance in establishing eligibility for
a. Welfare-to-work activities authorized under Section 403(a)(5) of the Social Security Act (as added by Section 5001 of the Balanced Budget Act of 1997) available in the local area; and
b. Programs of financial aid assistance for training and education programs that are not funded under WIA and are available in the local area; and
11. Follow-up services, including counseling regarding the workplace, for participants in workforce investment activities authorized under this subtitle who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate.
B. Intensive Services (Sec. 134(d)(3)):
1. Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include
a. diagnostic testing and use of other assessment tools; and
b. In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
2. Development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals.
3. Group counseling.
4. Individual counseling and career planning.
5. Case management for participants seeking training services.
6. Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training.
C. Training Services (Sec. 134(d)(4):
1. Occupational skills training, including training for nontraditional employment;
2. On-the-job training;
3. Programs that combine workplace training with related instruction, which may include cooperative education programs;
4. Training programs operated by the private sector;
5. Skill upgrading and retraining;
6. Entrepreneurial training;
7. Job readiness training;
8. Adult education and literacy activities provided in combination with the above training services; and
9. Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.
D. Business Resource Center:
1. Directory of services;
2. Labor market information;
3. Wage and benefit information;
4. Local labor pool information;
5. Internet talent search and job posting;
6.Financial assistance for employee training;
7. Small business administration information, loan application procedures, and other local small business development information as may be available;
8. Employee recruitment and pre-screening services;
9. Employee assessment and testing services;
10. Job fairs;
11. Tax credit information;
12. Outplacement assistance (managing transition for downsizing, reorganization, closures);
13. Local economic development efforts;
14. Web page design and development, and other computer and internet training and assistance; and
15. Employer workshops and seminars.
OPERATION COSTS: To the extent practicable, the general operating costs of the One Stops will be classified and cost allocated among the partners, excluding NoRTEC, as facility costs, and incorporated into the partner lease agreement. This will include the partner's fair share of the costs of rent, maintenance, security, insurance and other locally agreed to general operating costs. NoRTEC shall not be a party to the local One Stop lease agreements.
All the rest of the costs of the One Stop will be classified as service delivery costs. The partner's costs of providing services through the One Stop employment network, including without limitation all of its personnel, equipment, software and hardware, supplies, facilities and insurance costs, shall be borne by the partner from their own independent funding stream, and tracked and cost allocated by the partner in accordance with their own funding source rules and procedures.
It is specifically acknowledged by each party to this Agreement that all costs associated with delivering the "core services" defined in WIA Section 134(d)(2) are properly chargeable to WIA, and are not as a matter-of-law required to be separately charged to non-WIA fund sources. Conversely, each party hereto acknowledges that the costs borne by each of the partners in the normal course of delivering core services to One Stop customers do in fact constitute a reasonable apportionment among their respective fund sources. In keeping with the intent of WIA, each partner acknowledges its obligation to avoid duplicative services and to ensure that no WIA-supported services supplant those which the partner would otherwise provide from its non-WIA resources in the absence of WIA funding.
This agreement is non-financial in nature, and binds no partner or party to any other. While NoRTEC recognizes the right of the partners to negotiate financial agreements among themselves, these separate agreements are not accountable to NoRTEC under this MOU.
work together to develop referral procedures among the partners that assure relevant, informed and convenient services for customers, to include:
A. Prompt and courteous assistance by professional staff;
B. Client initiated, self directed referrals;
C. A variety of referral methods including in-person, telephone, Internet, and hard copy forms;
D. Minimum waiting time, road blocks, and service delivery destinations for client receipt of assistance;
E. Tracking of referrals; and
F. A routine One Stop referral report.
XII. MODIFICATION/TERMINATION: This Memorandum of Understanding constitutes the entire agreement between the parties hereto. It may be modified, altered, revised, extended or renewed by mutual written consent of all the parties, by the issuance of a written amendment, signed and dated by all the parties. Any changes to the WIA law or federal or state rules or regulations affecting the content of this MOU are hereby incorporated by reference.
Any party to this MOU may terminate their participation in this MOU by giving written notice of intent to terminate to each of the partners. In such case, termination by one or more of the parties to this MOU does not alter the terms or obligations of the other parties to this MOU.
NoRTEC may terminate this MOU as it applies to any specific One Stop program operator or partner at any time if the designation, funding, program operation or other factors have changed the status of the operator or partner sufficiently that they no longer qualify as an operator or partner.
If any provision of this Memorandum of Understanding is held invalid or otherwise stricken, the remainder of this MOU shall remain in full force and effect.
XIII. DISPUTE RESOLUTION: The local partners will agree on a local dispute resolution policy. Disputes not resolved at the local level will be referred to the WIB Chair by the One Stop program operator. The dispute will be placed on a special or regular meeting of the WIB Executive Committee. The decision of the Executive Committee will be final.
XIV. GOVERNANCE: Pursuant to the Workforce Investment Act (WIA) at Section 117 (d)(4), the NoRTEC shall conduct planning and oversight for the NoRTEC One Stop delivery system. NoRTEC will promote and support the coordination of workforce development services of all system partners, promote customer choice and satisfaction for internal and external customers of the system, remove external barriers which impede progress and performance, approve annual and long-range performance standards and goals for the system, establish an evaluation system for measuring customer satisfaction and performance, establish an electronic network for linking all One Stop career centers, and provide the necessary linkage and buffer between the local One Stop delivery system and the state and federal regulators.
The NoRTEC One Stop program operators will facilitate the development of local One Stop governance policies and procedures, based on the principle of mutual consent among the partners.
XV. LOCAL ONE STOP AGREEMENTS: Each of the NoRTEC One Stop program operators will submit a local MOU that will become a part of this MOU by reference. This local MOU is the agreement among the local partners in each NoRTEC member county, for each comprehensive One Stop or satellite location within that county. NoRTEC requires that each member county have at least one fully functioning One Stop center, providing the full range of One Stop programs and services, with all the full time mandated partners located in that county (consistent with Item V.C. and D.)
The local agreement is in two sections; the generic local agreement, and the service/financial contributions of each partner. The generic agreement contains the One Stop referral agreement, the roll-up of the partner's financial and service contribution to the One Stop, and any other agreement among the partners pertaining to the One Stop. The individual partner agreements identify the core and other services provided by the partner, and the partner's costs for doing so. The partner costs are divided into two categories; program operation costs (facility and related system costs) and service delivery (staff, supplies and related).
Each local One Stop MOU will contain the following minimal information.
A. MOU title, referencing this NoRTEC MOU, the name and location of the One Stop facility and the name of the NoRTEC member county.
B. The One Stop partnership type (comprehensive or satellite), and the partnership members, identifying the various agencies and entities that are a party to the agreement.
C. Effective dates of the agreement. This is a local decision, consistent with Item III.
D. A statement that all mandated members are a party to this agreement, or attach a brief explanation as to why not. Attach additional information for the "why not" if warranted.
E. Attach a separate document for each party to the agreement that will become a part of this MOU by reference. Include the following, specific to each partner:
1. The One Stop location and the County.
2. State if this is a full service or satellite One Stop.
3. The effective dates (WIA fiscal year) of the agreement.
4. The core services, intensive and training services that will be provided on site, or directly through this location, by this partner.
5. The employer services that will be provided on site, or directly through this location, by this partner.
6. The core, intensive, training and employer services that will be provided through another location, by this partner. Provide address and brief description.
7. Agreement to abide by the One Stop referral policy for this facility.
8. Specify and agree to abide by any other agreement among the One Stop partners for this local MOU.
9. The approximate total cost/dollar value of the One Stop program services provided through this One Stop, by this partner, for each category; core, intensive, training and employer services. Do not include any costs that have been incorporated into the One Stop (facility level) operating costs. Include in- kind dollar value.
10. The approximate total One Stop (facility level) operating costs for this location, by this partner.
11. Partner Signature.
F. Provide a summary of the core, intensive, training and employer services that will be provided at this location.
G. Provide a summary of the core, intensive, training and employer services that will be provided by the partners at other locations.
H. Specify the approximate total costs/dollar value (all partners combined) of the One Stop program services provided through this One Stop for each category; core, intensive, training and employer services. Do not include any costs that have been incorporated into the One Stop (facility level) operating costs. Include in-kind dollar value.
I. Specify the approximate total One Stop (facility level) operating costs for this location.
J. Attach a copy of the One Stop partner referral agreement, consistent with Item Xl.
K. Attach copies of any other One Stop partner agreements referenced in this local MOU.
L. Attach a copy of any additional One Stop partner agreements referenced as attachments to this local MOU.
M. All agreements stated or referenced in the local MOU must be specifically acknowledged by each of the One Stop partners, either in the separate attachments or by partner signature on the main body of the MOU.
N. One Stop operator signature.
O. Space for the NoRTEC WIB and Governing Board signatures.
NoRTEC Governing Board
NoRTEC Workforce Investment Board
Judi Madden, Chair
Stewart Knox, One Stop Operator
PIC of Butte County, Inc.
William Finley, Executive Director
Del Norte County
Rural Human Services, Inc.
Larry Lakes, Chief Executive Officer
Lassen, Modoc, Plumas and Sierra Counties
Alliance of Workforce Development, Inc.
Traci Holt, Executive Director
Shasta and Trinity Counties
Smart Business Resource Center
Anna Bengtsson, Executive Director
Siskiyou Training & Employment Program Inc.
Jeanne Hough, Executive Director
Job Training Center of Tehama County
Kathryn A. Schmitz, Executive Director